Opinion
2012-02-10
In the Matter of Daniel T. WARREN, Petitioner, v. Robert J. BIELECKI, Comptroller, Town of West Seneca and Wallace C. Piotrowski, Budget Officer and Supervisor, Town of West Seneca, Respondents.
Proceeding pursuant to Public Officers Law § 36 (commenced in the Appellate Division of the Supreme Court in the Fourth Judicial Department) for the removal of respondents from public office.Daniel T. Warren, Petitioner pro se. Paul M. Michalek, Jr., West Seneca, for Respondent Robert J. Bielecki, Comptroller, Town of West Seneca.
Proceeding pursuant to Public Officers Law § 36 (commenced in the Appellate Division of the Supreme Court in the Fourth Judicial Department) for the removal of respondents from public office.Daniel T. Warren, Petitioner pro se. Paul M. Michalek, Jr., West Seneca, for Respondent Robert J. Bielecki, Comptroller, Town of West Seneca. Phillips Lytle LLP, Buffalo (Timothy W. Hoover of Counsel), for Respondent Wallace C. Piotrowski, Budget Officer and Supervisor, Town of West Seneca.Memorandum:
Petitioner commenced this proceeding to remove respondents from public office pursuant to Public Officers Law § 36. Inasmuch as respondents no longer hold public office, the proceeding is moot ( see Matter of Copp v. Lankford, 283 A.D.2d 980, 724 N.Y.S.2d 923; Matter of McCoach v. Maine, 247 A.D.2d 784, 668 N.Y.S.2d 512; Matter of DeFalco v. Doetsch, 208 A.D.2d 1047, 1048, 617 N.Y.S.2d 415). In any event, we note that, based on the findings of fact made by the Referee appointed by this Court, there would be insufficient grounds upon which to remove either respondent from office pursuant to Public Officers Law § 36, which requires evidence of “self-dealing, corrupt activities, conflict of interest, moral turpitude, intentional wrongdoing or violation of a public trust” ( Matter of Jones v. Filkins, 238 A.D.2d 954, 661 N.Y.S.2d 167 [internal quotation marks omitted]; see also Matter of Morin v. Gallagher, 221 A.D.2d 765, 633 N.Y.S.2d 632).
It is hereby ORDERED that said petition is unanimously dismissed without costs as moot.